Hong Kong: LGBTQ+ couples still denied equality one year on from landmark ruling

Same-sex relationships still not recognised in law

Government needs to show progress taken since court ruling   

‘Equality is being denied on a daily basis’ - Sarah Brooks

One year after a landmark ruling on LGBTQ+ rights in Hong Kong, authorities need to provide an update on progress for plans to recognise same-sex partnerships in the city, Amnesty International said today.

Hong Kong’s Court of Final Appeal ruled a year ago that the Government had a constitutional duty to provide an alternative legal framework for same-sex partnerships to be recognised, setting a two-year deadline for its establishment.

While the decision fell short of requiring marriage equality, it established a new benchmark for improving rights and recognition irrespective of sexual orientation.

Currently Hong Kong law does not recognise same-sex relationships.

Same-sex couples are not allowed to marry or enter into any form of registered civil partnership and are prevented from enjoying the rights held by opposite-sex couples in almost every aspect of life, including not being able to jointly adopt children, access assisted reproductive technologies, inherit their deceased partner’s estate without a will*, apply for public housing as an ‘ordinary family’*, extend medical benefits to their same-sex partner if they are employed by the Government and more.

Sarah Brooks, Amnesty International’s China Director, said:

“One year since this memorable legal victory for LGBTQ+ people in Hong Kong, we urge the Government to provide an update on its plans to act on the Court’s judgment.

"The Government has one year left to comply with the decision, but in the meantime equality is being denied on a daily basis.

“The Government must heed its own courts’ call to ensure same-sex relationships in Hong Kong are recognised equally – and on the same basis and with the same rights and protections – as those of opposite-sex couples.

“The absence of a legal framework for same-sex partnerships in Hong Kong means couples face structural discrimination.

“Time is ticking. This one-year anniversary should be the impetus for accelerating the Government’s work to comply with the court’s ruling and uphold its rights obligations to all, however they identify and whomever they love.” 

Lack of progress

On 5 September 2023, Hong Kong’s Court of Final Appeal handed a partial victory to LGBTQ+ activist Jimmy Sham, who married his partner in the USA in 2013 and began his campaign for Hong Kong to recognise same-sex marriages performed overseas in 2018.

Currently, Hong Kong only legally recognises “marriage” as being between a man and a woman and does not recognise same-sex marriage or civil partnership or any other form of legal union.

Amnesty opposes discrimination in civil marriage laws on the basis of sexual orientation or gender identity.

*Some exceptions if married overseas